DR v ES and Ors (Further LSPO Application) [2026] EWFC 15 (30 January 2026)

DR v ES and Ors (Further LSPO Application) [2026] EWFC 15 (30 January 2026)

A further LSPO is justified as the wife cannot reasonably obtain legal services without it, the husband can afford to pay, and evidence shows her solicitors will not continue without payment of historic costs. The LSPO should cover part of the historic overspend, reasonable future costs, and be paid in instalments with a regime ensuring the husband does not pay his own lawyers more or sooner than the wife's costs are discharged, to maintain equality of arms.

Citation
[2026] EWFC 15
Parties
Applicant: DR; First Respondent: ES; Second Respondent: JS; Second Respondent: KS
Jurisdiction
England and Wales
Judgment Date
30 January 2026
Procedural Posture
Family Financial Remedy Proceedings / Application for Further Legal Services Payment Order (lspo) Prior to Final Hearing
Outcome
Application for further LSPO granted in part
Legal Topics
Legal Services Payment Order, Financial Remedies, Costs Funding, Matrimonial Causes Act 1973, Equality of Arms
Family Law Legal Services Payment Order Financial Remedies Costs Funding Matrimonial Causes Act 1973 Equality of Arms

Case Brief

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Parties

DR

Applicant

ES

First Respondent

JS

Second Respondent

KS

Second Respondent

Procedural Posture

Family Financial Remedy Proceedings / Application for Further Legal Services Payment Order (lspo) Prior to Final Hearing

Legal Issues

  1. 1 Whether a further LSPO should be made in favour of the wife
  2. 2 Whether the LSPO should encompass historic costs already incurred
  3. 3 Quantum and terms of the LSPO, including payment regime

Ratio Decidendi

A further LSPO is justified as the wife cannot reasonably obtain legal services without it, the husband can afford to pay, and evidence shows her solicitors will not continue without payment of historic costs. The LSPO should cover part of the historic overspend, reasonable future costs, and be paid in instalments with a regime ensuring the husband does not pay his own lawyers more or sooner than the wife's costs are discharged, to maintain equality of arms.

Court Disposition

Application for further LSPO granted in part

Orders

  • Husband to pay wife's outstanding costs as at 5 January 2026 in the sum of £107,250
  • Husband to pay wife's costs from 5 January to 20 January 2026 in the sum of £47,320